Union Bosses Forced to Settle Federal Charges After Illegally Levying Retaliatory $7,300 Strike Fine Against Worker

Worker fined for exercising his right to refrain from formal union membership

Kansas City, MO (July 3, 2012) – A Honeywell nuclear assembly worker has won a settlement from a local union for retaliating against him for exercising his right to refrain from union membership and continue to work during a union boss-instigated strike.

With free legal assistance from National Right to Work Foundation staff attorneys, Daniel Gudde filed a federal charge with the National Labor Relations Board (NLRB) regional office in Overland Park, Kansas after union officials levied a $7,361.36 fine against him.

Gudde began working at Honeywell in late September, believing he had to join the International Association of Machinist (IAM) Local Lodge 778 union. In early October, IAM Local 778 union officials instigated a strike. Gudde and three of his coworkers were unsure if they had to go on strike as union members or if they had to fulfill a required 30-day probationary period of employment.

Union officials told Gudde and his colleagues to continue to work to complete the 30-day probationary period.

Click here to read the full release.

Kansas City, MO (July 3, 2012) – A Honeywell nuclear assembly worker has won a settlement from a local union for retaliating against him for exercising his right to refrain from union membership and continue to work during a union boss-instigated strike.

With free legal assistance from National Right to Work Foundation staff attorneys, Daniel Gudde filed a federal charge with the National Labor Relations Board (NLRB) regional office in Overland Park, Kansas after union officials levied a $7,361.36 fine against him.

Gudde began working at Honeywell in late September, believing he had to join the International Association of Machinist (IAM) Local Lodge 778 union. In early October, IAM Local 778 union officials instigated a strike. Gudde and three of his coworkers were unsure if they had to go on strike as union members or if they had to fulfill a required 30-day probationary period of employment.

Union officials told Gudde and his colleagues to continue to work to complete the 30-day probationary period. After the probationary period, union bosses obligated Gudde and his coworkers to leave their jobs at the nuclear facility. Union members bound by the union’s constitution and bylaws can be fined for continuing to work during a strike.

After the 30-day period, Gudde learned of his right to resign from full dues paying union membership at any time. He notified the IAM union hierarchy that he was resigning from formal union membership when his 30-day period ended and then returned to work after a couple of days. Workers who refrain from union membership cannot be fined or otherwise disciplined for working during a strike. However, because Missouri does not have a Right to Work law, nonmember workers are still forced to pay a certain part of union dues and fees.

In mid-March, IAM union bosses fined Gudde. Moreover, three coworkers who did not resign from the union but also worked during the 30-day probation period were not fined, thus suggesting the fine was in retaliation for Gudde exercising his rights.

The settlement requires union officials to rescind the fines imposed on Gudde and other employees who worked with union authorization and post a notice in the workplace informing workers of their rights.

“Cynical IAM union bosses retaliated against a worker for exercising his rights to continue providing for himself and his family during a strike, even after they told him to keep working,” said Mark Mix, President of the National Right to Work Foundation. “These types of compulsory unionism injustices will continue to occur until Missouri passes Right to Work protections for its workers.”

Worker Advocate Files Amicus Brief in Support of Idaho Ban on Discriminatory Project Labor Agreements

Union bosses seek to protect power to discriminate against nonunion workers

Boise, ID (June 27, 2012) – Staff attorneys from the nation’s premier advocate for workers who suffer from the abuses of compulsory unionism have filed an amicus curie brief in support of an Idaho law prohibiting state and local government agencies from imposing so-called project labor agreements (PLAs) that require unionized workers for public projects.

National Right to Work Foundation staff attorneys filed the brief today in federal appeals court.

The “Open Access to Work Act” prohibits Idaho and all state governmental units from entering into taxpayer-funded contracts that require union-only workers.

Two building and construction unions challenged the law in U.S. District Court. The lower court’s decision regarding the matter is now being appealed to the U.S. Court of Appeals for the Ninth Circuit.

Click here to read the full release.

Boise, ID (June 27, 2012) – Staff attorneys from the nation’s premier advocate for workers who suffer from the abuses of compulsory unionism have filed an amicus curie brief in support of an Idaho law prohibiting state and local government agencies from imposing so-called project labor agreements (PLAs) that require unionized workers for public projects.

National Right to Work Foundation staff attorneys filed the brief today in federal appeals court.

The “Open Access to Work Act” prohibits Idaho and all state governmental units from entering into taxpayer-funded contracts that require union-only workers.

Two building and construction unions challenged the law in U.S. District Court. The lower court’s decision regarding the matter is now being appealed to the U.S. Court of Appeals for the Ninth Circuit. Last week, Foundation attorneys successfully overturned a Ninth Circuit of Appeals decision, when the U.S. Supreme Court ruled 7-2 that the Service Employees International Union (SEIU) violated the rights of nonunion state employees in the Knox case.

Foundation attorneys argue in their brief that not only does the Idaho law pass Constitutional muster under the U.S. Constitution, it also prevents state-sanctioned discrimination against the vast majority of construction workers who refrain from union membership.

According to the Bureau of Labor Statistics (BLS), 85 percent of America’s construction workers and 94 percent of Idaho’s workers refrain from formal union membership.

“The stats don’t lie, Idahoans’ choice regarding unionization is clear,” said Patrick Semmens, Vice President of the National Right to Work Foundation. “Unfortunately, union bosses are seeking a judicial bailout to stifle competition and protect their preferential treatment from pro-forced unionism public officials.”

Two other states have passed laws prohibiting union-only contracts from public projects – Iowa and Michigan. Michigan’s law is also being challenged before a federal appeals court.

Federal Agency to Prosecute SEIU and Local Hospital for Rigging Union Card Check ‘Vote’

Union organizers enter into corrupt agreement with hospital to force healthcare workers into union ranks using coercive card check tactics

Orange, California (June 27, 2012) – The National Labor Relations Board (NLRB) Regional Director in Los Angeles has authorized the issuance of a complaint against a major healthcare union and hospital officials for forcing workers to accept an unwanted union in the workplace.

With free legal assistance from the National Right to Work Foundation, Marlene Felter of Costa Mesa filed charges with the NLRB after Service Employees International Union (SEIU) Healthcare Workers West officials and Chapman Medical Center colluded to illegally rig a union organizing “vote” to pave the way for the union to claim to “represent” the workers.

SEIU officials and Chapman Medical Center management entered into a backroom deal, known as a so-called “neutrality agreement,” in which company officials granted union operatives access to company facilities to conduct a coercive “card check” organizing campaign, and waived the right to have a federally-supervised secret ballot election to determine whether employees wished to be unionized. Union organizers frequently use “card check” organizing tactics to bribe, browbeat, or cajole workers into forced-union-dues payments against their will.

Click here to read the full release.

Orange, California (June 27, 2012) – The National Labor Relations Board (NLRB) Regional Director in Los Angeles has authorized the issuance of a complaint against a major healthcare union and hospital officials for forcing workers to accept an unwanted union in the workplace.

With free legal assistance from the National Right to Work Foundation, Marlene Felter of Costa Mesa filed charges with the NLRB after Service Employees International Union (SEIU) Healthcare Workers West officials and Chapman Medical Center colluded to illegally rig a union organizing “vote” to pave the way for the union to claim to “represent” the workers.

SEIU officials and Chapman Medical Center management entered into a backroom deal, known as a so-called “neutrality agreement,” in which company officials granted union operatives access to company facilities to conduct a coercive “card check” organizing campaign, and waived the right to have a federally-supervised secret ballot election to determine whether employees wished to be unionized. Union organizers frequently use “card check” organizing tactics to bribe, browbeat, or cajole workers into forced-union-dues payments against their will.

In response to the union’s coercive tactics, a majority of hospital workers signed cards, letters, and petitions stating that they did not want the SEIU bosses’ so-called “representation.” Instead of respecting the employees’ wishes, Chapman officials accepted SEIU officials as the workers’ monopoly bargaining agents after a rigged “card count” was held. Chapman and SEIU officials were in the process of negotiating a contract which almost certainly would include a provision to force the workers to pay union dues or fees as a condition of employment, because California does not have a Right to Work law that makes union membership and dues payment strictly voluntary.

The NLRB Regional Office subpoenaed records from SEIU and found merit to Felter’s charges. The agency will prosecute the union and hospital if a settlement is not reached. Such settlement will, of necessity, include rescission of the union’s representational status at Chapman.

“Chapman and SEIU officials have colluded to shove SEIU union bosses’ ‘representation’ – and with it forced dues payments – down workers’ throats,” said Mark Mix, President of National Right to Work. “Schemes like this show that the ultimate goal of union officials is more forced dues collected from workers, even when rank-and-file employees want nothing to do with the union. This further makes the case that California desperately needs a Right to Work law on the books making union affiliation completely voluntary.”

Government Union Officials Sic Collection Agency on Unsuspecting Public Defender for Illegal Forced Dues

Worker unaware of union officials’ so-called representation; case shows need for state Right to Work law

Albuquerque, NM (June 26, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a public defender from the Alamogordo office of the New Mexico Public Defender Department has filed a charge against a local union for wrongfully charging her with failure to pay union dues for the past five years.

Nancy Fleming filed the charge with the New Mexico Public Employee Labor Relations Board against American Federation of State, County, and Municipal Employees (AFSCME) New Mexico Council 18 union for illegally trying to confiscate forced union dues payments from her paycheck without notifying her that she was in the union’s monopoly bargaining unit and refusing to follow federal disclosure requirements.

Fleming was unaware that AFSCME Council 18 union officials’ claimed to “represent” her and was never asked if she wanted to be a member or pay union dues or fees to the union. However, Fleming began to receive notices earlier this year from a collection agency stating that the union reported her delinquent in paying union dues or fees dating back to 2006.

Click here to read the full release.

Albuquerque, NM (June 26, 2012) – With free legal assistance from National Right to Work Foundation staff attorneys, a public defender from the Alamogordo office of the New Mexico Public Defender Department has filed a charge against a local union for wrongfully charging her with failure to pay union dues for the past five years.

Nancy Fleming filed the charge with the New Mexico Public Employee Labor Relations Board against American Federation of State, County, and Municipal Employees (AFSCME) New Mexico Council 18 union for illegally trying to confiscate forced union dues payments from her paycheck without notifying her that she was in the union’s monopoly bargaining unit and refusing to follow federal disclosure requirements.

Fleming was unaware that AFSCME Council 18 union officials’ claimed to “represent” her and was never asked if she wanted to be a member or pay union dues or fees to the union. However, Fleming began to receive notices earlier this year from a collection agency stating that the union reported her delinquent in paying union dues or fees dating back to 2006.

Because New Mexico does not have Right to Work protections making union affiliation completely voluntary, workers who refrain from formal union membership may still be forced to pay part of union dues to keep their jobs. However, federal case law requires union officials to inform nonmember workers of where their union dues are being spent.

In New Mexico, union officials often report workers who do not make union dues payments to a collection agency, opening the door for unsuspecting workers to find themselves being harassed by a collection agency for payment of union dues when they did not even know their workplace was unionized.

“AFSCME union bosses are charging an unsuspecting worker for ‘representation’ she did not even know existed until a collection agency harassed her for delinquent payments,” said Mark Mix, President of National Right to Work. “Thanks to biased federal and state laws, union officials are the only private individuals who can claim to ‘represent’ someone and then demand payment from them – but union officials must at least inform workers of their rights before they do so.”

“To prevent these types of forced unionism abuses in the future, New Mexico desperately needs to pass a Right to Work law making union affiliation and dues payments completely voluntary,” added Mix.

Twenty-three states have Right to Work protections for workers. Recent public polling shows that nearly 80 percent of Americans and 80 percent of union members support the Right to Work principle of voluntary unionism.

Supreme Court Strikes Down SEIU Scheme to Force CA Nonunion State Employees to Fund Union Politics

National Right to Work Legal Defense Foundation attorneys close union boss political fundraising loophole, winning again at U.S. Supreme Court

Washington, DC (June 21, 2012) – The U.S. Supreme Court ruled 7-2 today, siding with nonmember California state employees challenging a Service Employees International Union (SEIU) political fee charged to them without notice and opportunity to opt out.

The case concludes a prolonged legal challenge affecting some 36,000 California government employees initiated by eight California civil servants who filed a class-action lawsuit with free legal assistance from the National Right to Work Legal Defense Foundation.

In 2005, SEIU officials imposed a “special assessment” to raise money from all state employees forced to accept union representation as a job condition for a union political fund, regardless of their membership status. The fund was used to defeat four ballot proposals, including one that would have revoked public employee unions’ special privilege of using forced fees for politics unless an employee consents. Employees who refrained from union membership were given no chance to opt out of paying the SEIU’s political assessment.

Mark Mix, President of National Right to Work, issued the following statement regarding today’s ruling:

“Today, the United States Supreme Court upheld workers’ First Amendment rights and struck down another union boss scheme to confiscate and spend state workers’ hard earned money for politics without their permission.”

Click here to read the full release.

Washington, DC (June 21, 2012) – The U.S. Supreme Court ruled 7-2 today, siding with nonmember California state employees challenging a Service Employees International Union (SEIU) political fee charged to them without notice and opportunity to opt out.

The case concludes a prolonged legal challenge affecting some 36,000 California government employees initiated by eight California civil servants who filed a class-action lawsuit with free legal assistance from the National Right to Work Legal Defense Foundation.

In 2005, SEIU officials imposed a “special assessment” to raise money from all state employees forced to accept union representation as a job condition for a union political fund, regardless of their membership status. The fund was used to defeat four ballot proposals, including one that would have revoked public employee unions’ special privilege of using forced fees for politics unless an employee consents. Employees who refrained from union membership were given no chance to opt out of paying the SEIU’s political assessment.

Mark Mix, President of National Right to Work, issued the following statement regarding today’s ruling:

“Today, the United States Supreme Court upheld workers’ First Amendment rights and struck down another union boss scheme to confiscate and spend state workers’ hard earned money for politics without their permission.

“Attorneys from the National Right to Work Foundation – the nation’s leading advocate for workers who suffer from the abuses of compulsory unionism – argued, and the Court agreed, that the workers should not be forced to subsidize union officials’ political spending, even for a short period of time.

“The Court closed a giant loophole that allowed union bosses to confiscate money from workers’ paychecks for political spending sprees – and sent a message to union officials, once again, that forced political conformity is unconstitutional.”

For more information on the case, please visit the National Right to Work Foundation’s Knox Supreme Court case page at https://www.nrtw.org/en/knox/.